When Should I Seek Legal Help for Sexual Harassment?

It may start with an off-color joke, a crude “compliment,” or worse. Workplace sexual harassment is humiliating. It’s also illegal.

How companies react to situations involving sexual harassment complaints can vary widely, says Jeanne Christensen, a partner at Wigdor LLP who represents workers in employment cases. It can depend on corporate culture, the amount of influence of the harasser, the tenure of the harassed employee, and the level to which things have escalated.

But one common factor, she says, is that most people wait too long to ask for legal help.

Seek Legal Assistance the First Time Something Happens

“Unfortunately, they call someone like me when they’ve already quit, or they’re about to get fired,” Christensen says. “The delay is understandable. They’re thinking, ‘He’s never going to say something like this again, and I don’t want to get retaliated against if I report it.’ But it really is much better if they call the first time something happens.”

An attorney will spend a few minutes telling you the pros and cons of your case and give a roadmap of options to consider for moving forward — typically at no charge, says Reyna Lubin, an employment and labor attorney with Eisenberg & Baum.

Report Sexual Harassment in Writing

The attorneys’ first piece of advice? Your case will be much stronger if you report it in writing — to a supervisor or a human resources manager.

”If you don’t, unfortunately, the company often says, ‘Oh, she was feeling this way? She never complained. How were we supposed to know?’” Lubin says. “An email will always be saved. It’s proof that you were uncomfortable and tried to do something about it.”

Even documenting the problem in an email or text to someone outside the company — such as a friend or therapist — can help, Christensen says.

You Have Options Beyond a Sexual Harassment Lawsuit

If the harassment doesn’t stop, you have options besides a lawsuit, says Rosa Aliberti, an employment and labor attorney with Berke-Weiss Law.

Sexual harassment on the job violates both state and federal laws, and several agencies — such as the New York State Division of Human Rights and the U.S. Equal Employment Opportunity Commission (EEOC) — investigate complaints. In New York and other states, you can file with either the state or federal agency, and it will be reported to the other one; however, if you plan to file a federal suit, file with the EEOC. An employment attorney can help you decide whether to file in federal or state court.

“Sometimes our clients don’t want to go to court, where they can be re-victimized,” Aliberti says. “Agencies can assess monetary penalties, and they also have the authority to require changes, like mandating training or changing company policies. Additionally, some employees choose to see an attorney just for negotiation purposes rather than going to court or through an agency.”

State Changes in Sexual Harassment Laws

In the wake of the #MeToo movement, New York State passed laws changing the legal standard for sexual harassment claims: The harassment no longer has to be “severe or pervasive” to be illegal. The former standard set a very high bar, says Lubin. Even being groped might not have met that standard. The new one says an employee can’t be treated in a lesser way — even once — than others.

“It’s made a huge difference in how many people we can reach and the cases we can bring,” Lubin says.

An employer will no longer be automatically off the hook just because the worker didn’t follow the company’s grievance policy, Aliberti says. And victims now have three years to file a claim instead of one. For people going through the state agency, court, or private negotiation, that’s huge, Aliberti says: “People are dealing with trauma. It’s not always on the same timeline as a law.”

Federal Changes in Sexual Harassment Laws

Christensen believes a change at the federal level will have an even bigger long-term impact. In 2022, President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. This law prevents companies from forcing sexual harassment victims into arbitration. Arbitration clauses were often buried in thick employee handbooks that workers had to sign when hired. Some executives used this provision to keep harassment complaints confidential, Christensen says.

“Now, it’s going to be a lot harder for companies to keep a harasser around,” she says. “People can file a case in court, and others will hear about it. And if you’re a serial harasser, you’ll find it harder to jump from firm to firm.”

Learn More and Find a Sexual Harassment Attorney

If you have experienced harassing conduct from a supervisor or coworker or think your legal rights have been violated, reach out to a sexual harassment lawyer in your area for legal advice. To do so, visit the Super Lawyers directory of employment lawyers who have experience representing clients in sexual harassment cases.

Learn more about the types of sexual harassment and legal protections against sex discrimination (including gender, gender identity, sexual orientation, and pregnancy status) under state and federal laws.